Guardianship of Minor

questions & answers

Question: Our parents passed away two months ago and in their Will they appointed me guardian of my fourteen year old, half sister. Her grandparents don't like me and want to gain custody of her. Their son always said he never wants them to have my sister because of how he was raised. Our parent's assets are split between us so I will be able to take care of her until she comes of age to get her half. Please help. I can't get through this hard time without her with me.

Answer: Under Arizona law, if parents appoint a guardian for their minor child in their Will prior to their deaths, that person has priority under the law to act as Guardian.  (Arizona Revised Statutes, section 14-5d202) .  The statute requires that the Will be probated and that the individual appointed as guardian file an acceptance of guardian to make it all official.  A minor over 14 years of age can object to the guardian under section 14-5203.  In light of the grandparents' objections, you may want to ask an attorney to handle the probate, but if you intend to handle it yourself, you can download the probate forms from the self-help center on the website for Superior Court of the State of Arizona.  Even if you do not want to pay an attorney to handle the probate, you may want to at least consult an attorney to make sure you are handling things correctly.

QUESTIONS

  • Our parents passed away two months ago and in their Will they appointed me guardian of my fourteen year old, half sister. Her grandparents don't like me and want to gain custody of her. Their son always said he never wants them to have my sister because of how he was raised. Our parent's assets are split between us so I will be able to take care of her until she comes of age to get her half. Please help. I can't get through this hard time without her with me.

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